The Rights of Persons with Disabilities Act, 2016.
Administered Ministry: Ministry of Social Justice and Empowerment / Department of Empowerment of Persons with Disabilities
Section
Section 41 Access to transport.
(1) The appropriate Government shall take suitable measures to provide,—
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;
(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;
(c) accessible roads to address mobility necessary for persons with disabilities.
(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,—
(a) incentives and concessions;
(b) retrofitting of vehicles; and
(c) personal mobility assistance.
(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;
(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;
(c) accessible roads to address mobility necessary for persons with disabilities.
(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,—
(a) incentives and concessions;
(b) retrofitting of vehicles; and
(c) personal mobility assistance.
Section 42 Access to information and communication technology.
The appropriate Government shall take measures to ensure that,—
(i) all contents available in audio, print and electronic media are in accessible format;
(ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning;
(iii) electronic goods and equipment which are meant for every day use are available in universal design.
(i) all contents available in audio, print and electronic media are in accessible format;
(ii) persons with disabilities have access to electronic media by providing audio description, sign language interpretation and close captioning;
(iii) electronic goods and equipment which are meant for every day use are available in universal design.
Section 43 Consumer goods.
The appropriate Government shall take measures to promote development, production and distribution of universally designed consumer products and accessories for general use for persons with disabilities.
Section 44 Mandatory observance of accessibility norms.
(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.
(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.
(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.
Section 45 Time limit for making existing infrastructure and premises accessible and action for that purpose.
(1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules:
Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.
(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.
Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.
(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.
Section 46 Time limit for accessibility by service providers.
The service providers whether Government or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules:
Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.
Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.
Section 47 Human resource development.
(1) Without prejudice to any function and power of Rehabilitation Council of India constituted under the Rehabilitation Council of India Act, 1992 (34 of 1992), the appropriate Government shall endeavour to develop human resource for the purposes of this Act and to that end shall,---
(a) mandate training on disability rights in all courses for the training of Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers;
(b) induct disability as a component for all education courses for schools, colleges and University teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, asha workers, anganwadi workers, engineers, architects, other professionals and community workers;
(c) initiate capacity building programmes including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support;
(d) ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect;
(e) conduct training programmes for sports teachers with focus on sports, games, adventure activities;
(f) any other capacity development measures as may be required.
(2) All Universities shall promote teaching and research in disability studies including establishment of study centres for such studies.
(3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitisation, orientation and training of suitable personnel to undertake the various responsibilities under this Act.
(a) mandate training on disability rights in all courses for the training of Panchayati Raj Members, legislators, administrators, police officials, judges and lawyers;
(b) induct disability as a component for all education courses for schools, colleges and University teachers, doctors, nurses, para-medical personnel, social welfare officers, rural development officers, asha workers, anganwadi workers, engineers, architects, other professionals and community workers;
(c) initiate capacity building programmes including training in independent living and community relationships for families, members of community and other stakeholders and care providers on care giving and support;
(d) ensure independence training for persons with disabilities to build community relationships on mutual contribution and respect;
(e) conduct training programmes for sports teachers with focus on sports, games, adventure activities;
(f) any other capacity development measures as may be required.
(2) All Universities shall promote teaching and research in disability studies including establishment of study centres for such studies.
(3) In order to fulfil the obligation stated in sub-section (1), the appropriate Government shall in every five years undertake a need based analysis and formulate plans for the recruitment, induction, sensitisation, orientation and training of suitable personnel to undertake the various responsibilities under this Act.
Section 48 Social audit.
The appropriate Government shall undertake social audit of all general schemes and programmes involving the persons with disabilities to ensure that the scheme and programmes do not have an adverse impact upon the persons with disabilities and need the requirements and concerns of persons with disabilities.
Section 49 Competent authority.
The State Government shall appoint an authority as it deems fit to be a competent authority for the purposes of this Chapter.
Section 50 Registration.
Save as otherwise provided under this Act, no person shall establish or maintain any institution for persons with disabilities except in accordance with a certificate of registration issued in this behalf by the competent authority:
Provided that an institution for care of mentally ill persons, which holds a valid licence under section 8 of the Mental Health Act, 1987 (14 of 1987) or any other Act for the time being in force, shall not be required to be registered under this Act.
Provided that an institution for care of mentally ill persons, which holds a valid licence under section 8 of the Mental Health Act, 1987 (14 of 1987) or any other Act for the time being in force, shall not be required to be registered under this Act.
Section 51 Application and grant of certificate of registration.
(1) Every application for a certificate of registration shall be made to the competent authority in such form and in such manner as may be prescribed by the State Government.
(2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder, it shall grant a certificate of registration to the applicant within a period of ninety days of receipt of application and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing.
(3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the State Government.
(4) The certificate of registration granted under sub-section (2),—
(a) shall, unless revoked under section 52 remain in force for such period as may be prescribed by the State Government;
(b) may be renewed from time to time for a like period; and
(c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government.
(5) An application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity.
(6) A copy of the certificate of registration shall be displayed by the institution in a conspicuous place.
(7) Every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the State Government.
(2) On receipt of an application under sub-section (1), the competent authority shall make such enquiries as it may deem fit and on being satisfied that the applicant has complied with the requirements of this Act and the rules made thereunder, it shall grant a certificate of registration to the applicant within a period of ninety days of receipt of application and if not satisfied, the competent authority shall, by order, refuse to grant the certificate applied for:
Provided that before making any order refusing to grant a certificate, the competent authority shall give the applicant a reasonable opportunity of being heard and every order of refusal to grant a certificate shall be communicated to the applicant in writing.
(3) No certificate of registration shall be granted under sub-section (2) unless the institution with respect to which an application has been made is in a position to provide such facilities and meet such standards as may be prescribed by the State Government.
(4) The certificate of registration granted under sub-section (2),—
(a) shall, unless revoked under section 52 remain in force for such period as may be prescribed by the State Government;
(b) may be renewed from time to time for a like period; and
(c) shall be in such form and shall be subject to such conditions as may be prescribed by the State Government.
(5) An application for renewal of a certificate of registration shall be made not less than sixty days before the expiry of the period of validity.
(6) A copy of the certificate of registration shall be displayed by the institution in a conspicuous place.
(7) Every application made under sub-section (1) or sub-section (5) shall be disposed of by the competent authority within such period as may be prescribed by the State Government.
Section 52 Revocation of registration.
(1) The competent authority may, if it has reason to believe that the holder of a certificate of registration granted under sub-section (2) of section 51 has,—
(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or
(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted,
it may, after making such inquiry, as it deems fit, by order, revoke the certificate:
Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked.
(2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation:
Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,—
(a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or
(b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.
(3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be—
(a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or
(b) transferred to any other institution specified by the competent authority.
(4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.
(a) made a statement in relation to any application for the issue or renewal of the certificate which is incorrect or false in material particulars; or
(b) committed or has caused to be committed any breach of rules or any conditions subject to which the certificate was granted,
it may, after making such inquiry, as it deems fit, by order, revoke the certificate:
Provided that no such order shall be made until an opportunity is given to the holder of the certificate to show cause as to why the certificate of registration shall not be revoked.
(2) Where a certificate of registration in respect of an institution has been revoked under sub-section (1), such institution shall cease to function from the date of such revocation:
Provided that where an appeal lies under section 53 against the order of revocation, such institution shall cease to function,—
(a) where no appeal has been preferred immediately on the expiry of the period prescribed for the filing of such appeal; or
(b) where such appeal has been preferred, but the order of revocation has been upheld, from the date of the order of appeal.
(3) On the revocation of a certificate of registration in respect of an institution, the competent authority may direct that any person with disability who is an inmate of such institution on the date of such revocation, shall be—
(a) restored to the custody of his or her parent, spouse or lawful guardian, as the case may be; or
(b) transferred to any other institution specified by the competent authority.
(4) Every institution which holds a certificate of registration which is revoked under this section shall, immediately after such revocation, surrender such certificate to the competent authority.
Section 53 Appeal.
(1) Any person aggrieved by the order of the competent authority refusing to grant a certificate of registration or revoking a certificate of registration may, within such period as may be prescribed by the State Government, prefer an appeal to such appellate authority, as may be notified by the State Government against such refusal or revocation.
(2) The order of the appellate authority on such appeal shall be final.
(2) The order of the appellate authority on such appeal shall be final.
Section 54 Act not to apply to institutions established or maintained by Central or State Government.
Nothing contained in this Chapter shall apply to an institution for persons with disabilities established or maintained by the Central Government or a State Government.
Section 55 Assistance to registered institutions.
The appropriate Government may within the limits of their economic capacity and development, grant financial assistance to registered institutions to provide services and to implement the schemes and programmes in pursuance of the provisions of this Act.
Section 56 Guidelines for assessment of specified disabilities. 3 docs
The Central Government shall notify guidelines for the purpose of assessing the extent of specified disability in a person.
Section 57 Designation of certifying authorities.
(1) The appropriate Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability.
(2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.
(2) The appropriate Government shall also notify the jurisdiction within which and the terms and conditions subject to which, the certifying authority shall perform its certification functions.
Section 58 Procedure for certification. 2 docs
(1) Any person with specified disability, may apply, in such manner as may be prescribed by the Central Government, to a certifying authority having jurisdiction, for issuing of a certificate of disability.
(2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,—
(a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government;
(b) inform him in writing that he has no specified disability.
(3) The certificate of disability issued under this section shall be valid across the country.
(2) On receipt of an application under sub-section (1), the certifying authority shall assess the disability of the concerned person in accordance with relevant guidelines notified under section 56, and shall, after such assessment, as the case may be,—
(a) issue a certificate of disability to such person, in such form as may be prescribed by the Central Government;
(b) inform him in writing that he has no specified disability.
(3) The certificate of disability issued under this section shall be valid across the country.
Section 59 Appeal against a decision of certifying authority.
(1) Any person aggrieved with decision of the certifying authority, may appeal against such decision, within such time and in such manner as may be prescribed by the State Government, to such appellate authority as the State Government may designate for the purpose.
(2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government.
(2) On receipt of an appeal, the appellate authority shall decide the appeal in such manner as may be prescribed by the State Government.
Section 60 Constitution of Central Advisory Board on Disability. 2 docs
(1) The Central Government shall, by notification, constitute a body to be known as the Central Advisory Board on Disability to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(2) The Central Advisory Board shall consist of,—
(a) the Minister in charge of Department of Disability Affairs in the Central Government, Chairperson, ex officio;
(b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry in the Central Government, Vice Chairperson, ex officio;
(c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio;
(d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant Governors of the Union territories, Members, ex officio;
(e) Secretaries to the Government of India in charge of the Ministries or Departments of Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher Education, Women and Child Development, Expenditure, Personnel and Training, Administrative Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Communications and Information Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, ex officio;
(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio;
(g) Chairperson, Rehabilitation Council of India, Member, ex officio;
(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio;
(i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, Member, ex officio;
(j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member, ex officio;
(k) Chairman, Railway Board, Member, ex officio;
(l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, ex officio;
(m) Director, National Council for Educational Research and Training, Member, ex officio;
(n) Chairperson, National Council of Teacher Education, Member, ex officio;
(o) Chairperson, University Grants Commission, Member, ex officio;
(p) Chairperson, Medical Council of India, Member, ex officio;
(q) Directors of the following Institutes:
(i) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secunderabad;
(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi;
(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai;
(v) National Institute for the Orthopaedically Handicapped, Kolkata;
(vi) National Institute of Rehabilitation Training and Research, Cuttack;
(vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai;
(viii) National Institute for Mental Health and Sciences, Bangalore;
(ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio;
(r) Members to be nominated by the Central Government,—
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) ten Members, as far as practicable, being persons with disabilities, to represent non-Governmental Organisations concerned with disabilities or disabled persons organisations:
Provided that out of the ten Members nominated, at least, five Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;
(iii) up to three representatives of national level chambers of commerce and industry;
(s) Joint Secretary to the Government of India dealing with the subject of disability policy, Member-Secretary, ex officio.
(2) The Central Advisory Board shall consist of,—
(a) the Minister in charge of Department of Disability Affairs in the Central Government, Chairperson, ex officio;
(b) the Minister of State in charge dealing with Department of Disability Affairs in the Ministry in the Central Government, Vice Chairperson, ex officio;
(c) three Members of Parliament, of whom two shall be elected by Lok Sabha and one by the Rajya Sabha, Members, ex officio;
(d) the Ministers in charge of Disability Affairs of all States and Administrators or Lieutenant Governors of the Union territories, Members, ex officio;
(e) Secretaries to the Government of India in charge of the Ministries or Departments of Disability Affairs, Social Justice and Empowerment, School Education and Literacy, and Higher Education, Women and Child Development, Expenditure, Personnel and Training, Administrative Reforms and Public Grievances, Health and Family Welfare, Rural Development, Panchayati Raj, Industrial Policy and Promotion, Urban Development, Housing and Urban Poverty Alleviation, Science and Technology, Communications and Information Technology, Legal Affairs, Public Enterprises, Youth Affairs and Sports, Road Transport and Highways and Civil Aviation, Members, ex officio;
(f) Secretary, National Institute of Transforming India (NITI) Aayog, Member, ex officio;
(g) Chairperson, Rehabilitation Council of India, Member, ex officio;
(h) Chairperson, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Member, ex officio;
(i) Chairman-cum-Managing Director, National Handicapped Finance Development Corporation, Member, ex officio;
(j) Chairman-cum-Managing Director, Artificial Limbs Manufacturing Corporation, Member, ex officio;
(k) Chairman, Railway Board, Member, ex officio;
(l) Director-General, Employment and Training, Ministry of Labour and Employment, Member, ex officio;
(m) Director, National Council for Educational Research and Training, Member, ex officio;
(n) Chairperson, National Council of Teacher Education, Member, ex officio;
(o) Chairperson, University Grants Commission, Member, ex officio;
(p) Chairperson, Medical Council of India, Member, ex officio;
(q) Directors of the following Institutes:
(i) National Institute for the Visually Handicapped, Dehradun;
(ii) National Institute for the Mentally Handicapped, Secunderabad;
(iii) Pandit Deen Dayal Upadhyay Institute for the Physically Handicapped, New Delhi;
(iv) Ali Yavar Jung National Institute for the Hearing Handicapped, Mumbai;
(v) National Institute for the Orthopaedically Handicapped, Kolkata;
(vi) National Institute of Rehabilitation Training and Research, Cuttack;
(vii) National Institute for Empowerment of Persons with Multiple Disabilities, Chennai;
(viii) National Institute for Mental Health and Sciences, Bangalore;
(ix) Indian Sign Language Research and Training Centre, New Delhi, Members, ex officio;
(r) Members to be nominated by the Central Government,—
(i) five Members who are experts in the field of disability and rehabilitation;
(ii) ten Members, as far as practicable, being persons with disabilities, to represent non-Governmental Organisations concerned with disabilities or disabled persons organisations:
Provided that out of the ten Members nominated, at least, five Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;
(iii) up to three representatives of national level chambers of commerce and industry;
(s) Joint Secretary to the Government of India dealing with the subject of disability policy, Member-Secretary, ex officio.